Paulk v. Bradshaw

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-80421-BLOOM

REGINALD ANDREW PAULK, SR.,

Plaintiff,

v.

RICK BRADSHAW, et al.,

Defendants. / ORDER THIS CAUSE is before the Court on Plaintiff’s Motion for Leave to Appeal in forma pauperis, ECF No. [20]. For the following reasons, the Motion is denied. Motions to appeal in forma pauperis are governed by 28 U.S.C. § 1915 and Rule 24 of the Federal Rules of Appellate Procedure. A district court may authorize a party to proceed in forma pauperis upon an affidavit of indigency. 28 U.S.C. § 1915(a); see Fed. R. App. P. 24(a)(1). An appeal, however, “may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3); accord Fed. R. App. P.24(a)(3)(A). A party who seeks appellate review of an issue does so in good faith if the issue is not frivolous from an objective standard, see Coppedge v. United States, 369 U.S. 438, 445 (1962), and an in forma pauperis action is frivolous “if it is without arguable merit either in law or fact,” Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002). Alternatively, where a claim is arguable but ultimately will be unsuccessful, it should be allowed to proceed. See Cofield v. Ala. Pub. Serv. Comm’n, 936 F.2d 512, 515 (11th Cir. 1991). On April 14, 2022, the Court dismissed this case for failure to state a claim. See ECF No. Case No. 22-cv-80421-BLOOM

[9] at 5. After careful consideration, the Court finds there are no non-frivolous issues to be considered on appeal. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motion, ECF No. [20], is DENIED. The case shall remain closed. DONE AND ORDERED in Chambers at Miami, Florida, on March 31, 2023.

BETH BLOOM UNITED STATES DISTRICT JUDGE

Copies to: Reginald Andrew Paulk, Sr. 600419 Lancaster Correctional Institution Inmate Mail/Parcels 3449 SW State Road 26 Trenton, FL 32693 PRO SE